Welsh Government Consultation Drafts of a new ecclesiastical exemption order and best-practice guidance documents Annex C Draft Managing Scheduled Monuments in Wales The Historic Environment (Wales) Act 2016 was enacted to make important improvements to the existing systems for the protection and management of the Welsh historic environment. It also stands at the centre of an integrated package of secondary legislation, new and updated planning policy and advice, and best-practice guidance on a wide range of topics. Taken together, these will support and promote the careful management of change in the historic environment in accordance with current conservation philosophy and practice. This guidance document has been published as part of the third public consultation on secondary legislation and best-practice guidance linked to the implementation of the Historic Environment (Wales) Act 2016 and wider complementary measures. Visit the Welsh Government’s consultation web pages for all of the documents for this consultation (https://beta.gov.wales/consultations) and information on how to respond. The consultation will close on 13 July 2018. 16 April 2018 © Crown Copyright 16 April 2018 DRAFT Managing Scheduled Monuments in Wales © Crown Copyright 2018 DRAFT Managing Scheduled Monuments in Wales Statement of Purpose Managing Scheduled Monuments in Wales sets out the general principles to consider when managing and making changes to scheduled monuments. It explains how to apply for scheduled monument consent, including the roles and responsibilities of owners and Cadw, the Welsh Government’s historic environment service. This best-practice guide is aimed principally at owners, occupiers and managers of scheduled monuments. It explains what it means to own a scheduled monument and how to care for it, and provides details about where to get further help and assistance. It should also help owners, occupiers and managers to take account of Cadw’s Conservation Principles for the Sustainable Management of the Historic Environment in Wales1 (Conservation Principles) to achieve sensitive management. The management and maintenance practices explained in this best-practice guide are also suitable to be used when considering all monuments, whether or not they are scheduled. Managing Scheduled Monuments in Wales will therefore be helpful for anyone with an interest in understanding and caring for Wales’s historic environment. Decision-making authorities should use this guidance alongside Planning Policy Wales,2 Technical Advice Note 24: The Historic Environment 3 and Cadw’s Conservation Principles to inform their own policies and advice, and the statutory decision-making process. 1 Conservation Principles for the Sustainable Management of the Historic Environment in Wales, Cadw, Welsh Assembly Government, 2011 http://cadw.gov.wales/historicenvironment/conservation/conservationprinciples/?lang=en 2 Planning Policy Wales (Edition 9, Chapter 6), The Historic Environment http://gov.wales/topics/planning/policy/ppw/?lang=en 3 Technical Advice Note 24: The Historic Environment http://gov.wales/topics/planning/policy/tans/tan-24/?lang=en 2 DRAFT Managing Scheduled Monuments in Wales Contents Fast Facts 4 Introduction 4 1. Understanding your Scheduled Monument 6 1.1 Significance 6 1.2 Setting 7 1.3 Sources of Information and Advice 8 2. Managing Change to your Scheduled Monument 10 2.1 Maintaining your Scheduled Monument 12 2.2 Repair 18 2.3 Restoration and Reconstruction 19 2.4 Archaeological Investigations — Survey and Excavation 19 2.5 Metal Detecting 21 2.6 Public Access and Interpretation 21 2.7 Cross Compliance and Good Agricultural and Environmental Condition (GAEC) Measures 22 2.8 Agri-environmental Schemes 23 2.9 Management Agreements and Grants 23 3. The Scheduled Monument Consent Process 24 3.1 What is Scheduled Monument Consent? 24 3.2 Class Consents 25 3.3 Getting Pre-application Advice 26 3.4 Scheduled Monument Consent and Listed Building Consent 27 3.5 Scheduled Monument Consent and Planning Permission 27 3.6 How to Apply for Scheduled Monument Consent 27 3.7 How Scheduled Monument Consent Applications are Assessed 29 3.8 Consent Conditions 30 3.9 Carrying out Works after Receiving Consent 30 3.10 Damage and Unauthorised Works 31 3.11 Temporary Stop Notices 32 3.12 Scheduled Monument Enforcement Notices 32 3.13 Powers of Entry 33 Annex 1: Ancient Monuments (Class Consents) Order 1994 34 Annex 2: Heritage Values 37 Further Information 39 Contacts 42 3 DRAFT Managing Scheduled Monuments in Wales Fast Facts There are almost 4,200 scheduled monuments in Wales ranging from caves containing the oldest evidence for human occupation to twentieth-century industrial and military remains. Scheduled monuments are an irreplaceable resource to cherish and protect for future generations. Monuments may be scheduled when they are considered to be of national importance. Understanding the significance of your scheduled monument will help you manage and care for it properly. You need to know the location and details of all the scheduled monuments on your land, and understand the full extent of the scheduled areas. Scheduled monuments are protected by law which means you are likely to need scheduled monument consent to carry out works to them. Permission known as a class consent allows you to carry out some survey and management activities without applying for scheduled monument consent. It is a criminal offence to carry out unauthorised works without scheduled monument consent. You must not use a metal detector on a scheduled monument except as part of an authorised archaeological excavation. Introduction For thousands of years people have lived, worked and left their mark on the land of Wales. Evidence for their actions is all around us in the form of archaeological sites and historic monuments, some visible, others buried beneath the ground. These remains are irreplaceable and a unique source of information about the past. For people whose history was never recorded, archaeological sites and historic monuments often offer the only route for us to understand who they were and how they lived. Collectively, they form part of our historic environment. These historic sites enrich our environment, contribute to our sense of national identity and provide links between the present and the past. They show us where we have come from, remind us of past people and events, and help us to understand our place in the world today. They also serve as the backdrop to our daily lives and as a catalyst for health and well-being, 4 DRAFT Managing Scheduled Monuments in Wales learning, tourism and community engagement activities.4 We want to cherish and pass on our historic sites to future generations so that they too can see, understand and appreciate our past. When archaeological sites or historic monuments in Wales are considered to be of national importance, they may be scheduled.5 This gives them legal protection from any activity that might damage or destroy them. Only a carefully chosen sample of historic sites is selected to be scheduled.6 Although it is the responsibility of the Welsh Ministers to schedule monuments of national importance,7 in practice, the selection of sites is made by Cadw on their behalf. Monuments and archaeological remains of all forms and dates can be given the protection of scheduling. Currently there are almost 4,200 scheduled monuments in Wales ranging from medieval castles, prehistoric hillforts and Roman forts through to small burial mounds, standing stones and World War II defensive sites. Some scheduled monuments are buildings in ruins, some are earthworks; others have no visible remains above ground but have significant buried remains and some are submerged in lakes or coastal waters.8 Over time, archaeological sites and historic monuments will change. They can be fragile and vulnerable to the effects of weather, natural decay and impacts from human activity. But, with care, you can manage your scheduled monument sustainably for the benefit of future generations. Section 2 explains the types of works that may be necessary to manage your scheduled monument and when consent is required. Scheduling does not prevent you from continuing some routine works on your scheduled monument. Permission known as a class consent allows certain survey and management work to be carried out without the need to apply for scheduled monument consent. However, if you plan to carry out any works that would disturb, remove or destroy any part of it, you must apply to Cadw for scheduled monument consent. You also need scheduled monument consent to carry out conservation and many forms of archaeological 4 These benefits can help to create the Wales we want in the future by contributing to the well-being goals set out in the Well-being of Future Generations (Wales) Act 2015. http://www.legislation.gov.uk/anaw/2015/2/contents/enacted 5 Not all nationally important monuments are scheduled and some remain undiscovered and therefore cannot be scheduled at this time. You can find out more about scheduling in Understanding Scheduled Monuments (forthcoming). 6 The criteria for scheduling monuments are set out in Technical Advice Note 24: The Historic Environment, Annex A. http://gov.wales/topics/planning/policy/tans/tan-24/?lang=en 7 Ancient Monuments and Archaeological Areas Act 1979 https://www.legislation.gov.uk/ukpga/1979/46/contents as amended by the Historic Environment (Wales) Act 2016 https://www.legislation.gov.uk/anaw/2016/4/contents 8 For more information on what can be scheduled and how Cadw selects sites see Understanding Scheduled Monuments (forthcoming). 5 DRAFT Managing Scheduled Monuments in Wales investigation. Section 3 explains more about class consents (3.2) and how you can apply for scheduled monument consent. Many owners, occupiers and managers are proud of their scheduled monuments and take great care to look after them. They recognise the importance of this precious heritage and make a positive contribution to its sustainable management.